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Last Modified on Nov 21, 2025
In Texas, manslaughter is considered a form of criminal homicide, making it a second-class felony. Manslaughter can be defined as the reckless causing of the death of another person, but some people may wonder what that means. Texas manslaughter laws and penalties can be confusing, but we’ll break them down so that you understand the potential consequences of a manslaughter conviction.
What Is Manslaughter?
Chapter 19 of the Texas Penal Code states that manslaughter occurs when a person recklessly causes the death of an individual. Recklessness, in this case, is defined by an awareness of the risks surrounding your conduct and the results that could occur. If you’re aware that your action could kill someone and commit it anyway, leading to another person’s death, that’s considered manslaughter. There does not have to be any premeditation, intent, or knowledge of the death.
Types of Manslaughter
In most places, there is a distinction made between voluntary and involuntary manslaughter. In Texas, that’s not the case. We do, however, have separate offenses for intoxication manslaughter and vehicular manslaughter, each of which comes with its own laws and penalties.
You can be charged with vehicular manslaughter under Section 19.04 if you were operating a motor vehicle in a reckless manner that led to another person’s death. Vehicular manslaughter is also covered by the Texas Transportation Code, Section 545.401, which stipulates that anyone participating in a race that causes a death can also be charged with manslaughter.
Intoxication manslaughter is covered under Section 49.08 of the Texas Penal Code, which stipulates that it is a second-degree felony. It occurs when you commit an unintentional homicide because of drug or alcohol use. Intoxication manslaughter comes with enhanced penalties for those previously convicted of offenses relating to operating a motor vehicle while intoxicated.
Penalties for Manslaughter
Unless there are aggravating factors, manslaughter is punishable as a felony in the second degree. The potential penalties for manslaughter are defined in Section 12.33 of the Texas Penal Code. They include:
- Fines of up to $10,000
- A prison sentence of between 2 and 20 years
If there are aggravating factors present, as with intoxication manslaughter committed by someone with a prior DWI, the penalties can be more severe. There are also cases in which defendants get shorter jail terms and probation for manslaughter. It all depends on the circumstances surrounding the case.
Differences Between Manslaughter and Murder
Texas has a homicide rate of 7.1 deaths per 100,000 people, out of the 835.9 deaths per 100,000 people that occur in the state overall. That amounts to 2,159 people being intentionally killed each year. Manslaughter, however, is only one form of homicide. The other is murder.
Murder can be defined as an unlawful homicide that was committed with the specific intent to kill. It’s that premeditated intent that differentiates it from manslaughter. Murder is also punished differently from manslaughter, with convictions carrying more severe sentences.
According to Section 12 of the Texas Penal Code, murder is punishable by between five years and life in prison and up to $10,000 in fines. As felons, murderers also experience the loss of their voting rights, firearm rights, and some employment opportunities. Because manslaughter is a second-degree felony, you could face some of the same lasting collateral consequences.
Statute of Limitations for Manslaughter in Texas
Section 12 stipulates that there is no statute of limitations in Texas for homicide charges, including manslaughter. What that means is it doesn’t matter how long ago the crime you’re being accused of committing occurred. You could still be charged under Texas law for a decades-old manslaughter.
Hire a Manslaughter Lawyer
Hiring a Texas manslaughter lawyer is the most effective way to improve your chances of getting your charges dropped. If that’s not possible, your lawyer may be able to get the charges reduced to a misdemeanor through a plea bargain. Even if you wind up with a felony manslaughter conviction, your lawyer may be able to argue for leniency in sentencing more successfully than you could without legal representation.
FAQs
Does Texas Have Involuntary Manslaughter?
Texas does not have involuntary manslaughter charges. Instead, the Lone Star State lumps both voluntary and involuntary manslaughter together and alters the sentencing guidelines depending on the circumstances surrounding the case. You may still face more severe manslaughter penalties for killing someone on purpose in the heat of the moment than for accidentally causing a death, but there is no specific law regarding involuntary manslaughter.
How Many Years Do You Get for Manslaughter in Texas?
You can get anywhere from 2 to 20 years for manslaughter in Texas. Your exact sentence will depend on the circumstances surrounding the crime. Intoxication manslaughter tends to carry heavier penalties than criminally negligent manslaughter, to give one example. You can reduce the chances of facing a long prison term by hiring a Texas manslaughter attorney.
What Is the Difference Between Manslaughter and Murder?
The difference between manslaughter and murder hinges on premeditated intent. In murder cases, the defendant is being tried for a killing that they planned or otherwise premeditated. In manslaughter cases, the death is either accidental or intentional only in the heat of the moment. The sentencing guidelines for murder and manslaughter reflect this difference.
Is Manslaughter Considered a Felony?
Manslaughter is considered a felony. In Texas, it’s a second-degree felony that can lead to significant prison time and steep fines. Depending on the circumstances of your case, your lawyer may be able to get the charges reduced from a felony to a misdemeanor as part of a plea bargain.
Texas Manslaughter Lawyer
If you’re facing charges for the unintentional killing of another person, you need to hire a manslaughter lawyer who understands Texas manslaughter laws and penalties. You can trust the Law Office of Joseph Ruiz, PLLC, to help. We’ve successfully defended manslaughter clients in the past, and we can help you avoid the worst possible outcome of your charges, as well. Contact us to schedule an initial consultation.
